SHAUKAT ALI Versus THE STATE

ASIF SAEED KHAN KHOSA, J.------- The petitioner is an accused person in case F.I.R. No.126 registered at Police Station Race Course, Lahore on 15-4-2002 for an offence under section 365-A, P.P.C. During the investigation sections 302/34/109, P.P.C. and section 7 of the Anti-Terrorism Act, 1997 were added to the F.I.R. After the submission of challan the learned Judge, Anti-Terrorism Court No.II, 'Lahore is presently seized of the trial of that case. An application had been submitted by the petitioner before the learned Judge, Anti Terrorism Court No.II, Lahore seeking transfer of the petitioner's case to a Juvenile Court for holding a trial of the petitioner as the petitioner had claimed himself to be a "child" within the purview of the Juvenile Justice System Ordinance, 2000 but that application of the petitioner was dismissed by the leaned Judge, Anti-Terrorism Court No.II, Lahore vide order, dated 9-7-2003. Hence, the present revision petition before this Court.

2. We have heard the learned counsel for the parties and have gone through the record of this case with their assistance. It is apparent from the order passed by the learned Judge, Anti-Terrorism Court No.II, Lahore that the petitioner has been accepted to be a "child" within the purview of the provisions of the Juvenile Justice System Ordinance, 2000 but at the same time it has been held by the said learned Court that even a "child" can be tried by a Court constituted under the Anti-Terrorism Act, 1997 if the offence committed by such a "child" can be said to involve terrorism. In this backdrop we have attended to the allegations contained in the F.I.R. in this case to find out whether the allegations being levelled by the prosecution involve terrorism or not as defined by section 6 of the Anti-Terrorism Act, 1997. A bare reading of the F.I.R. shows that the case in hand was one of a private transaction between the parties leading to an abduction and then murder and apparently the necessary "design" contemplated by the provisions of section 6(1)(b) or the requisite "purpose" contemplated by section 6(1)(c) of the Anti-Terrorism Act, 1997 were missing in this case. It has already been held upon by this Court in the case of Mazhar v. The State PLD 2003 Lah. 267 (DB) that the erstwhile definition of "terrorist act'." contained in section 7 of the Anti-Terrorism Act, 1997 has already given way to anew definition of "Terrorism" in the substituted section 6 of the Anti-Terrorism Act, 1997 which transformation had been brought about on 15-8-2001 through the Anti-Terrorism (Amendment) Ordinance (XXXID of 2001). The said Amending Ordinance had brought about a sea change and a drastic metamorphosis in the definition of terrorism. In the earlier definition the emphasis was on the effect, i.e. a sense of fear and insecurity actually created by the action, or intended to be created or having a potential of creating such effect but in the Amended Anti-Terrorism Act, 1997 emphasis is not on the effect of an action but on the "design" or the "purpose" behind that action. In the present case, as already observed above, the specific "design" or "purpose" contemplated by the provisions of section 6(1)(b) or (c) is not discernible from the reading of the F.I. R. and, therefore, it can safely be concluded by us that the case in hand was not one of the "terrorism" as contemplated by the provisions of section 6 of the Anti-Terrorism. Act, .1997 and, therefore, the case in hand is to be tried by a Court of ordinary jurisdiction. In view of this conclusion arrived at by us the question of juvenility of .the petitioner vis-a-vis the forum of his trial becomes irrelevant as the case in hand is now be sent to a Court of ordinary jurisdiction and if the petitioner is a juvenile than such Court has to be a Juvenile Court and no other Court.

3. For what has been discussed above this revision petition is allowed, the impugned order passed by the learned Judge,. Anti-Terrorism Court No.11, Lahore on 9-7-2003 is hereby set aside, the application or the petitioner filed under section 23 of Anti-Terrorism Act, 1997 is allowed and the learned Judge, Anti-Terrorism Court No.II, Lahore is directed to transmit the record of this case forthwith to the Court competent to try the petitioner's case.

N.H.Q./S-769/L Revision petition allowed.